Criminal Essay For APP Note

Legal Essay (APP Examination) 1 Alange’s Law Classes
ALANGE’S LAW CLASSES, MAHARASHTRA

LEGAL ESSAY
________________________________________________________________
1. Legality of Encounter
Introduction:
Encounter killing is a term used in India and Pakistan since the late 20th century to
describe alleged extrajudicial killings by the police or the armed forces, supposedly in self-
defence, when they encounter suspected gangsters or terrorists.
To begin with, what distinguishes a genuine encounter from a fake encounter?
Section 100 of the Indian Penal Code (IPC) lays down that the right of private defence of the
body extends to the voluntary causing of death or of any other harm to the assailant, if the
offence which occasions the exercise of the right, may reasonably cause the apprehension that
death or grievous hurt will otherwise be the consequence of such assault.
Section 97 IPC enables use of force in self-defence only to protect one’s body and that of others
from the actions of assaulting criminals/offenders, whose actions reasonably cause the
apprehension of death or grievous hurt. In such circumstances, the action taken by the police
is fully protected by law.
Beside these, Section 46 of the Code of Criminal Procedure (CrPC) also enables police to use
force resulting in the killing of an accused at the time of arrest, if the offence allegedly
committed by the accused is punishable with death or life sentence. Use of force for self-
defence should continue only as long as such apprehension of the danger to the body continues,
says Section 102 IPC.
If none of these provisions can be invoked, the police officer causing the death of the accused
would be guilty of the offence of culpable homicide. Whether the causing of death in the
encounter is justified will, therefore, depend upon the facts established after a proper
investigation.
Is Police Encounter is legal in India: -

Although, there is no provision in the Indian law that directly authorizes
the encounters of criminals, however, there are certain enabling provisions which may be
interpreted differently to vest police officers with certain powers to deal with criminals.
In the backdrop of the growing outrage in the country over the rising incidents of crimes
against women, the encounter of the four accused by Telangana police in the Hyderabad rape
and murder case has been welcomed by political leaders, public figures and the masses.
However at the same time, questions have also been raised over the legality and
appropriateness of the police action leading to the debate that ‘whether a democratic country
should follow the constitutional norms and adhere to the due process of law or shall it adopt
the measures of retributive justice to bring instant and speedy justice to the victims’.
▪ On extrajudicial killings (also referred to as encounters) the National Human Rights

Commission (NHRC) and the Supreme Court (SC) have laid down proper guidelines
and procedures that must be followed in order to prevent any abuse of power by the law
enforcement agencies.
▪ Also, taking suo moto cognizance of the case, the NHRC has asked the Director General
of investigation to send a fact finding team to probe the matter carefully and has called
for a detailed report from all State governments, Union Women & Child Ministry, and
the police heads over rising crimes against women.
Supreme Court Guidelines:
▪ In the PUCL vs State of Maharashtra case (2014), the SC was dealing with writ
petitions questioning the genuineness of 99 encounter killings by the Mumbai Police in
which 135 alleged criminals were shot dead between 1995 and 1997.
▪ The Supreme Court then laid down the following 16 point guidelines as the standard
procedure to be followed for thorough, effective, and independent investigation in the
cases of death during police encounters:
o Record Tip-off: Whenever the police receives any intelligence or tip-off
regarding criminal activities pertaining to the commission of a grave criminal
offence, it must be recorded either in writing or electronic form. Such recording
need not reveal details of the suspect or the location to which the party is headed.
o Register FIR: If in pursuance to a tip-off, the police uses firearms and this results
in the death of a person, then an FIR initiating proper criminal investigation
must be registered and be forwarded to the Court without any delay.
o Independent Probe: Investigation into such death must be done by an
independent CID team or a police team of another police station under the
supervision of a senior officer. It has to fulfil eight minimum investigation
requirements like, identify the victim, recover and preserve evidentiary material,
identify scene witnesses, etc.
o Magisterial Probe: Mandatory magisterial inquiry into all cases of encounter
deaths must be held and a report thereof must be sent to the Judicial Magistrate.
o Inform NHRC: The NHRC or State Human Rights Commission (as the case may
be) must be immediately informed of the encounter death.
o Medical Aid: It must be provided to the injured victim/criminal and a Magistrate
or Medical Officer must record his statement along with the Certificate of Fitness.
o No Delay: Ensure forwarding FIR, panchnamas, sketch, and police diary
entries to the concerned Court without any delay.
o Send Report to Court: After full investigation into the incident, a report must be
sent to the competent Court ensuring expeditious trial.
o Inform Kin: In the case of death of accused criminal, their next of kin must
be informed at the earliest.
o Submit Report: Bi-annual statements of all encounter killings must be sent to
the NHRC by the DGPs by a set date in set format.
o Prompt Action: Amounting to an offence under the IPC, disciplinary action must
be initiated against the police officer found guilty of wrongful encounter and for
the time being that officer must be suspended.
o Compensation: The compensation scheme as described under Section 357-A of
the CrPC must be applied for granting compensation to the dependants of the
victim.
o Surrendering Weapons: The concerned police officer(s) must surrender their
weapons for forensic and ballistic analysis, subject to the rights mentioned
under Article 20 of the Constitution.
o Legal Aid to Officer: An intimation about the incident must be sent to the
accused police officer’s family, offering services of lawyer/counsellor.
o Promotion: No out-of-turn promotion or instant gallantry awards shall be
bestowed on the officers involved in encounter killings soon after the occurrence of
such events.
o Grievance Redressal: If the family of the victim finds that the above procedure has
not been followed, then it may make a complaint to the Sessions Judge having
territorial jurisdiction over the place of incident. The concerned Sessions Judge must
look into the merits of the complaint and address the grievances raised therein.
▪ The Court directed that these requirements/norms must be strictly observed in all cases
of death and grievous injury in police encounters by treating them as law declared under
Article 141 of the Indian Constitution.
In People’s Union for Civil Liberties v. State of Maharashtra, a two-Judge bench of then
CJI RM Lodha and Justice Rohinton Fali Nariman held on September 23, 2014 that in a
society governed by rule of law, it is imperative that extra-judicial killings are properly and
independently investigated so that justice may be done. The Bench issued a set
of guidelines to be followed for thorough, effective and independent investigation into every
encounter death.
2. Decriminalization of Minor Offences
In the light of disruptions caused by outbreak of Covid-19, the Government of India

has announced a slew of measures in the past few months. One such significant measure is the
Ministry of Finance's proposal to decriminalize thirty-nine minor economic offences including
decriminalization of offence of dishonour of cheques under Section 138 of the Negotiable
Instruments Act, 1881 ("NI Act").
With the objective of facilitating ease of doing business in India and reducing the fear of
penalties for minor violations, various sections of different laws have been brought under the
ambit of this notification. These legislations are as follows:
• Insurance Act 1938 (Section 12 and Section 103);

• SARFAESI Act 2002 (Section 29);
• PFRDA Act, 2013 (Section 16(7) and 32(1));
• RBI Act, 1934 (Section 58B);
• Payment and Settlement Systems Act, 2007 (Section 26(1) and 26(4));
• NABARD Act, 1981 (Section 56(1));
• NHB Act, 1987 (Section 49);
• State Financial Corporations Act, 1951 (Section 42(1) and 42(2));
• Credit Information Companies (Regulation) Act, 2005 (Section 23(1));
• Factoring Regulation Act, 2011 (Section 23);
• Actuaries Act, 2006 (Section 37, 38(2) and 40(2));
• Banking Regulation Act, 1949 (Section 36AD(2),and 46);
• General Insurance Business (Nationalisation) Act, 1972 (Section 30);
• LIC Act, 1956 (Section 40);
• Banning of Unregulated Deposit Schemes Act, 2019 (Section 21(1), 21(2), 21(3), 22,
23 and 24);
• Chit funds Act, 1982 (Section 76(1), 76(3) and 77);
• DICGC Act, 1961 (Section 47(1));
• Negotiable Instruments Act, 1881 (Section 138 and 143(1)); and
• Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Section 4 and 5).
Whilst most of the proposals relate to offences in respect of which virtually no prosecutions
have been initiated, the most relevant is the proposal to decriminalise Section 138 of the NI
Act. Section 138 of the NI Act provides that in case of dishonour of cheque for insufficiency
of funds or for any of the prescribed reasons, the defaulter may be punished with imprisonment
for a term which may extend to two years, or with fine which may extend to twice the amount
of the dishonoured cheque, or both. This offence can also be made compoundable between the
parties (consent of both the parties is required) and there is no requirement to attain formal
permission from the court. Even if there is no consent, the accused can be discharged if the
court is of the discretion that the complainant has been duly compensated.
While the intent behind this recommendation has been appreciated by a few experts due to
the excessive backlog of 'check-bouncing' cases pending at various levels of the judiciary, the
announcement has caused much furore among various stakeholders, including lawyers, banks
etc. The proposed amendment of decriminalization of Section 138 of the NI Act has been
opposed by the Bar Council of Delhi as well as Bar Council of Maharashtra and Goa. One of
the most significant downsides highlighted by them is that this measure would result in
encouraging the minds of perpetrators to defraud and cheat innocent persons, and there would
be absolutely no fear in the minds of people. Moreover, this would take away the confidence
and legal security of the individuals in the judicial system of the country, thus rendering them
helpless. It has also been said that the proposed move virtually tends to negate the very basic
scope and object of Section 138 of the NI Act which was brought into action to inculcate the
faith and confidence of the trading community in the commercial transactions.
It is important to highlight here that according to the 213th report of the Law Commission,
approximately 20 percent of the pending court cases relate to disputes for cheque dishonour.
The fear of criminal litigation and imprisonment is the alleviating factor behind the timely
payment of the cheques. If decriminalization of the offence under section 138 of the NI Act is
approved, this may lead to a low rate of recovery of dues and the possibility is that the litigation
process will become more time-consuming. It will not be wrong to assume that if Section 138
of the NI Act gets decriminalised, the day-to-day commercial transactions may go for a toss.
On the other hand, it is also being argued that this proposal will impactfully reduce the
burden on the criminal justice delivery system and bring the law in line with the policy,
legislative and legal initiatives undertaken over the last two decades. Though there was initially
a push to increase the use of cheques as a system of non-cash payment, with the advent of the
internet, technology quickly took over. Following the digital revolution, cheques have now
outlived their use as a form of payment.
Combined with the shift in culture and commerce, it is important to notice that the
legislature and courts have also been setting the stage for decriminalising Section 138. The
proposal to amend the NI Act was first made by the Ministry of Law in 2011 as a part of a
pendency reduction move. Thereafter, an inter-ministerial group, set up in 2012 to look into
the policy and legislative changes to curb the increasing number of cheque-bouncing cases,
suggested decriminalisation and proposed certain amendments on that basis. Some of the
suggestions included the use of alternative dispute resolution mechanisms on the lines of
Section 89 of the Code of Civil Procedure, through arbitration, conciliation, judicial settlement
(including settlement through Lok Adalats), and the introduction of a summary procedure for
dealing with cheque bouncing cases. It was also suggested that the court fee may be made ad-
valorem to act as a deterrent for indiscreet and vexatious proceedings. Unfortunately, however,
these proposals never came into effect.
At various stages, the courts have diluted the strict procedural provisions of criminal law
in the context of this offence, clearly recognising that a civil wrong was being tried under the
veil of criminal law. This position was reiterated by the Supreme Court in 2017 in the case
of M/S Meters and Instruments Private Limited vs Kanchan Mehta1 wherein it stated that
Section 138 was "primarily a civil wrong". Right from its inception, Indian Courts have given
latitude to the accused to discharge the civil liability to avoid imprisonment. This was not a
crime against society.
In order to reach a consensus, the Ministry of Finance invited the comments of state
governments, UT administrations, civil society, academicians, public and private sector
organisations and members of the public on the said proposal. Given the pros and cons of
decriminalization and the different views, as outlined above, the incumbent Government will
need to strike a balance and interests of various stakeholders will need to be taken into
consideration, while focusing simultaneously on an effective redressal mechanism for such
offences.
The Following are some of the suggestions: -
• Provide for many summons cases for relatively minor offences to be compoundable;
• Revisit/prescribe limitation period for assuming jurisdiction;
• A transparent mechanism for no-guilt admission.
• Settlement of technical offences with penalties and not prosecution;
• Introduce dispute settlement mechanism deferred prosecution agreements – with
exceptions;
• Introduce one-time settlement schemes;
• Award costs where there is frivolous litigation or dilatory tactics;
• Create a process for a without-admission of guilt settlement for tax and economic offences
with exceptions. This will also reduce the pipeline of future matters and take some pending
matters out;
• Increase the role of technology in Courts with e-filings;
• Plea bargaining / Settlement Mechanism.
Conclusion
The move of the Government to provide relief to the existing stakeholders. Therefore, this
move will prove beneficial in attracting stakeholders. Hence, decriminalising offences that are
purely technical would be beneficial to all.
3. Drug Abuse
Introduction:-
The system of control of Narcotic Drugs in India has been put in place considering
the requirement of narcotic drugs and psychotropic substances for medical use and the
country’s obligations towards the UN conventions. India is a signatory to The UN Single
Convention on Narcotics Drugs 1961, The Convention on Psychotropic Substances, 1971 and
The Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 which
prescribe various forms of control aimed to achieve the dual objective of limiting the use of
narcotics drugs and psychotropic substances for medical and scientific purposes as well as
preventing the abuse of the same.
What is meant by narcotic drug?

A substance used to treat moderate to severe pain. Narcotics are like opiates such as morphine
and codeine, but are not made from opium. They bind to opioid receptors in the central nervous
system. Narcotics are now called opioids.
What is the medical use of narcotic drugs?

Narcotics are also called opioid pain relievers. They are only used for pain that is severe and
is not helped by other types of painkillers. When used carefully and under a health care
provider's direct care, these drugs can be effective at reducing pain.
Below is a brief list of some of the more widely-known narcotics and opioids drugs:
• Opium.
• Heroin.
• Codeine.
• Oxycodone.
• Tramadol.
• Morphine.
• Hydromorphone.
• Fentany.
Salient features of NDPS Act 1985
Object: -
The NDPS Act regulates and controls the abuse of drug trafficking through its stringent
provisions. It empowers the competent authority for the supervision of the operation related to
narcotics drugs and psychotropic substances.
▪ Prior to the enactment of NDPS Act, 1985, the Opium Act, 1857, the Opium Act, 1878
and the Dangerous Drugs Act, 1930, were applicable.
▪ These Acts were made applicable by virtue of Opium and Revenue Laws (Extension of
Application) Act, 1950.
▪ The scheme of punishment was not sufficiently deterrent to meet the growing challenge
▪ Maximum punishment was upto 3 yrs of imprisonment (4yrs. for repeat offence)
▪ No maximum punishment was prescribed
▪ Drug traffickers have been let off by the courts with nominal punishment
▪ The laws did not provide for investing the officers of a number of agencies with the
power of investigation of offences
▪ A vast body of international law have evolved and India has been a party to these
Conventions and treaties
▪ Abuse of psychotropic substances
▪ Increasing problem of transit traffic
▪ There was a need to remove deficiencies and inadequacies in the old laws
▪ To provide for deterrent punishments for drug trafficking offences and strengthen
control measures over trafficking and abuse
▪ To consolidate the earlier enactments
▪ The NDPS Act, 1985, was enacted that came into force from 14th November, 1985
Drug Abuse in India
In the last three decades (following the inception of the NDPS), the Ministry of Social
Justice and Empowerment has conducted two nation-wide drug surveys, published in 2004 and
2019. The results of these surveys suggest that drug use in India continues to grow unabated.
Opioid use has increased from 0.7 per cent in the previous report to a little >2 per cent in the
present one - in terms of magnitude from two million to more than 22 million. More
disturbingly, heroin has replaced the natural opioids (opium and poppy husk) as the most
commonly abused opioids. A large scale epidemiological study from Punjab also concurred
with this finding. The uses of other synthetic drugs and cocaine have also increased
significantly. The survey results suggest a need to strengthen our existing system, to have a
more concerted effort and a need to fix the loopholes. In the years to come, the government
might like to concentrate on the following:
• (i) The National Mental Health Survey (2015-2016) showed a treatment gap of 70 per cent
for drug use disorders. The recent nation-wide survey on substance use disorders has
replicated the result, with nearly 75 per cent treatment gap for drug use disorders. Added
to that misery, merely five per cent of people with illicit drug use disorders received
inpatient care. This large treatment gap indicates poor accessibility, utilization and quality
of health care. To meet this unmet need, one should expand the treatment and rehabilitation
facilities for substance use disorders. The DTC scheme by the Ministry of Health and
Family Welfare could be the starting point, but it is not enough. At present, the scheme is
implemented by the NDDTC, AIIMS. Other centres may also be involved. As drug demand
reduction falls under the direct purview of both the ministries of Health as well as Social
Justice, a coordinated and concerted effort is required to fill the treatment gap with a
minimum standard of care. Nation-wide drug surveys are to be conducted on regular
intervals to discover the undercurrents of substance use in India and to encourage the
government to make informed decisions.
• (ii) The harm reduction arm of the three-pronged approach needs to be strengthened further.
Despite the progress made by the NACO and the GO-NGO model, the coverage of the OST
among the IDUs is only seven per cent. It calls for the scaling up of the OST, safely and
effectively. The NDPS policy prohibits the NSEP, whereas it is one of the cornerstones of
harm reduction, practiced by the NACO. The NDPS policy also advocates a time-limited
OST, which does not have any scientific evidence base and might cause more harm (than
good). Recovery-oriented OST could potentially replace this time-limited OST policy.
These discrepancies and loopholes in the policies need to be fixed.
• (iii) Current and future challenges in the supply reduction arm lie in the early detection and
scheduling of the new psychoactive substances. The recently published report of the
International Narcotic Control Board (INCB) revealed India's threat to mephedrone and
captagon (a derivative of amphetamine and theophylline). The Report also discussed the
country's potential problem with the precursor chemicals. Moreover, it has noted with
caution the rapid proliferation of internet-based pharmacies and bitcoin-based transactions
for the illicit drug use in India. Misuse of the over-the-counter medications with definite
(e.g., benzodiazepines, tramadol and codeine) or with possible addictive potential (e.g.,
pregabalin) is another concern, voiced by the international forum.
Conclusion: -
In summary, India has taken early and decisive steps to address drug problems. Though
the government has an over-encompassing blueprint, committed workforce and several
dedicated programmes and policies at its disposal, there is a need to improve the current
programmes (to address the unmet needs), to have a coordinated effort between Ministries,
incurring uniformity at the policy level, to make scientifically informed choices and to
strengthen the supply reduction chains.
4. Sedition: -
Introduction:
In a historic development, the Supreme Court has ruled that the 152-year old sedition law
under IPC Section 124A should be effectively suspended till the Union Government revisits the
provision. The Court urged the Centre and the State governments to stop registering any FIRs under
the said provision while it was under re-consideration.
The Government has sought more time to submit its written response to petitions
challenging the constitutional validity of Section 124A of the Indian Penal Code dealing
with the offense of sedition.
▪ In the year 2021, the CJI (Chief Justice of India) had questioned why a colonial
law used against Mahatma Gandhi and Bal Gangadhar Tilak continued to
survive in the law book after 75 years of Independence.
▪ The Chief Justice had said sedition or Section 124A of the Indian Penal Code was
prone to misuse by the government
History of Sedition Law in India
1. 1837 – Thomas Macaulay (Famous for his Macaulay Minute on Indian Education 1835)
drafted the Penal Code in 1837.
o Sedition was placed in the Penal Code 1837 as Section 113.
o Later, it was omitted, to only be readded in 1870 back in the Penal Code by an
amendment introduced by Sir James Stephen.
o British Raj in India had introduced this section on sedition under the title
“Exciting Disaffection”.
2. IPC Amendment Act of 1898 – It made amendments to the changes brought through
the Penal Code in 1870.
o The current Section 124A is said to be similar to the amendments made to it in
1898 with few omissions made in 1937, 1948, 1950, and by Part B States (Law)
Act, 1951.
Section 124A of IPC – Sedition

The IPC Section 124 A says, “Whoever, by words, either spoken or written, or by signs,
or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt,
or excites or attempts to excite disaffection towards the Government established by law in
India shall be punished with [imprisonment for life], to which fine may be added, or with
imprisonment which may extend to three years, to which fine may be added, or with fine.
What is Disaffection towards Government?
Disaffection includes disloyalty and all feelings of enmity.
What does not constitute an offence under Sedition?
• When comments disapprove of government measures but with a view to alter them
lawfully i.e. ‘Comments expressing disapprobation of the measures of the Government
with a view to obtaining their alteration by lawful means, without exciting or attempting
to excite hatred, contempt or disaffection.’
• When comments disapprove of government’s administrative actions without exciting
all feelings of enmity – Comments expressing disapprobation of the administrative or
other action of the Government without exciting or attempting to excite hatred,
contempt or disaffection.
Punishment for the Sedition Offence
1. It is a non-bailable offence.
2. Imprisonment up to three years to a life term, to which fine may be added.
3. The person found guilty of this offence is not eligible for any government job.
Cases Related to Sedition Law in India

Pre-Independence
1. Queen Empress v Jogendra Chunder Bose (1891)

o Jugendra Bose wrote an article criticizing the Age of Consent Act, 1891.
o His criticism was taken as disobedience towards the government.
o However, later the case was dropped after he was released on bail.
2. Sedition Trial of Lokmanya Tilak (1897)
o Bal Gangadhar Tilak has published the reports of the celebration followed by
an 1894 paper on the Maratha king Shivaji by Professor R. P. Karkaria. Karkaria
presented his paper to Bombay’s Royal Asiatic Society in 1894. This paper led
to the annual celebration of the Shivaji Coronation. Later, Tilak published the
celebrations’ reports.
o Tilak reported these celebrations as “Shivaji’s Utterances” in his dailies – Kesari
and Mahratta.
o The case was presided by Justice Arthur Strachey.
o This sedition trial is historically famous as in this case, an attempt to excite
feelings of enmity against the government was also brought under the scope of
Section 124A terming it is seditious. Hence, it widened the understanding of
Section 124A.
o Tilak was sentenced to 18 months of rigorous imprisonment.
3. Sedition Trial of Lokmanya Tilak (1908)
o Tilak published two Kesari articles, titled “The Country’s Misfortune” which
he published on 12th May 1908 and “These Remedies Are Not Lasting” which
was published on 9th June 1908.
o Under the newly drafted Section 124A, he was sentenced to six years of
imprisonment in Burma (Now, Myanmar).
4. Sedition Trial of Mahatma Gandhi (1922)
o Mahatma Gandhi was imprisoned for six years for his articles in his newspaper,
‘Young India’.
o The charges imposed on him were – “Bringing or attempting to excite
disaffection towards His Majesty’s Government established by law in British
India”
o Mahatma Gandhi termed Section 124A as “Prince among the political sections
of the Indian Penal Code designed to suppress the liberty of the citizen.”
Post-Independence – Supreme Court Decisions
1. Brij Bhushan And Another vs The State Of Delhi (1950) & Romesh Thappar vs
the State of Madras (1950)
1. The apex court held that a law that restricts speech on the ground that it would
disturb public order was unconstitutional.
2. The decision of the court prompted the ‘First Constitution Amendment’, where
Article 19 (2) was rewritten to replace “undermining the security of the State”
with “in the interest of public order”
2. Kedar Nath Singh vs State of Bihar (1962)
1. The constitutional validity of Section 124A was put to a test in this case.
2. A member of a Forward Bloc had given a speech which was charged as sedition.
3. The Supreme Court held:
▪ “Speech or writing to which “subverting the government by violent
means” is implicit—including the notion of “revolution”—is seditious.”
▪ A failed attempt to incite too is counted as sedition.
▪ It was seditious to create public disorder.
4. No “unreasonable distinction” between criticism of the government’s measures
and criticism of the government itself was drawn.
3. Balwant Singh vs State of Punjab (1962)
1. Balwant Singh who was the Director of Public Instructions (DPI) in Punjab,
Chandigarh among other two, was alleged to have shouted pro-Khalistan
slogans on the day of former PM Indira Gandhi’s assassination.
2. The apex court held that unless there is public disorder merely sloganeering
can’t attract punishment under Section 124A.
Why can Sedition Law be important?
1. The law keeps a check on anti-national, secessionist and terrorist elements that can
hamper the public order and incite violence and induce enmity.
2. It helps in the stability of the elected government which could otherwise be attempted
to be thrown out using illegal and violent means.
3. It is an alignment with contempt of court. Elected Government is an important part of
the executive. Hence, contempt of the government can be checked.
Arguments Against the Sedition Law
1. As the seeds of sedition law were sown in colonial times, it is often described as a
draconian law that can be used against what is otherwise is constitutionally
guaranteed freedom of speech and expression
2. It has an ill effect on constructive criticism. As noted by the Supreme Court, views that
are different from the government’s don’t mean seditious. Therefore, sedition laws can
demotivate legal and lawful criticism.
3. Britain had repealed the Sedition Act in 2009, hence India should too be long done with
this.
4. To penalize the offender for disrupting public order, IPC and Unlawful Activities
Prevention Act 2019 have provisions that can take care of the punishments.
5. India’s ratification of the International Covenant on Civil and Political Rights (ICCPR)
in 1979 should be seen as a right step towards acknowledging freedom of expression.
Hence, with Sedition Law in activity, could lead to the wrong use of the law where
people are charged with offence arbitrability for expressing their opinions.
5. ADULTRY
Introduction
Adultery is derived from a French word, about that has evolved from the Latin verb,
“adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual
relationship that is considered objectionable on social, religious and, moral and earlier on the
legal grounds as well.
Though adultery is decriminalized, it still exists as a delinquent act as it violates social

norms which an individual are believed to be followed.
Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble
Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained
merely a civil wrong rather criminal offence. There were two major contentions for the
decriminalization of adultery. They were:-
This section provided husbands with the right to prosecute their wives’ adulterer while
wives were deprived to complain against the adulteress of their husbands.
The section was ignorant on the matter of the adulterous act of the husband.
Adultery according to religion

Since time immemorial it is considered to be a sin not only on the religious or legal
ground but on the spiritual ground as well.
• Traditional Hindu views regarding adultery are that it creates disorder in the society
and degradation of family value. In Hinduism, marriage is a sacrament, believed to
be for seven consequent births, where both the spouses are supposed to be loyal to
each other. They are believed not to have a sexual relationship other than their
spouse.
• According to Islam, adultery, rape, and fornication which are unlawful are
considered as Zina. According to the Quran, Zina is huded crime for what
punishments are fixed by god. The punishments range from amputation of hands
and crucifixion to public lashing to public stoning to death. In particular to adultery,
according to Quran, an adulterous person should be stoned to death[2].
• According to the Bible, adultery as a sin deserving death for both men and women.
Adultery is treated as unethical and immoral and evil for the society.
• According to Buddhism, sexual intercourse outside wedlock is a sin that increases

sufferings. In Buddhism, adultery is the 3rd of the five fundamental precepts that
one must refrain.
• According to Judaism, which is one of the ancient religions, there is a provision of
the death penalty for both adulterer and adulteress.
Adultery according to law

In India, Section 497 of Indian Penal code (IPC) 1860, defined adultery as:
“Whoever has sexual intercourse with a person who is and whom he knows or has reason to
believe to be the wife of another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery and
shall be punished with imprisonment of either description for a term which may extend to five
years, or with fine or with both. In such a case, the wife shall not be punishable as an abettor”.
In 2018 section 497 was struck down by Supreme Court in the case Joseph Shine v.
Union of India unanimously by the constitutional bench of five judges comprising of Justice
Deepak Mishra, Justice Ajay Manikaro Khanwilkar, Justice Rohinton Nariman, Justice
D.Y.Chandrachud and Justice Indu Malhotra. It was also held that in that matter if any
aggrieved spouse commits suicide, based on the evidence could be treated as an abetment to
suicide attracting section 306 of Indian Penal Code (IPC). However, though section 497 got
decriminalized, it continued to be treated as valid ground for divorce according to the
pronouncement of the then Chief Justice Deepak Mishra and justice A.M.Khanwilkar in the
instant case.
In the case it was held that criminalization had restricted the following rights of women:-
• Right to sexual autonomy as provided under Article 21(Right to life) of the

constitution.
• Right to sexual expression as provided under Article 19(Right to freedom) of the
constitution.
• Right to equality as provided under Article 14(Right to equality) of the constitution.
• Right against discrimination as provided under Article 15(Right against
discrimination) of the constitution.
• Interference of state in personal matters of an individual. However, this applies for
both men as well as women.
According to Justice Nariman, Section 497 of IPC read with Section 198 of Cr.PC 1973
is violative of Article 14, 15(1) & 21 of the constitution of India.
Justice D.Y.Chandrachud stated that Section 497 lacks determining principle to

criminalize consensual sexual intercourse and is manifestly arbitrary. He also stated that
Section 497 creates the subordinate status of women in marriage and society and thus violates
Article 14 of the Constitution. He also stated that Section 497 is gender stereotype about the
role of women and thus, in turn, violates Article 15 of the Constitution. He also stated that
Section 497 of IPC also violates Article 21 of the Constitution as it does not provide dignity,
liberty, privacy and sexual autonomy.
Justice Indu Malhotra stated Section 497 as being violative of article 14, 15 and 21 of
the constitution[3].
Thus, the 5-Judge constitutional bench of the Hon’ble Supreme Court unanimously
struck down Section 497 of IPC as being violative of the golden triangle of the Constitution ie,
articles 14, 19 and 21 of the Constitution.
The most significant effect of decriminalization was the removal of section 198(2) of Civil
Procedure Code (CPC) which stated that:
“For the purposes of subsection (1), no person other than the husband of the woman shall be
deemed to be aggrieved by an offence punishable under section 497 or section 498 of the said
Code: Provided that in the absence of the husband, some person who had care of the woman
on his behalf at the time when such offence was committed may, with the leave of the Court,
make a complaint on his behalf.”
Before decriminalization, women were deprived of the right to file a case against the adulterous
act of the husband if involved with another woman.
The Hon’ble court also looked upon the precedents before arriving in the decision, like
Sowmithri Vishnu v. UOI 1985[4], Yusuf Abdul Aziz v. The State of Bombay 1954[5] and V.
Revathi v. UOI 1988[6]. Though these cases were dismissed by the then Hon’ble judges
making adultery a criminal offence definitely these cases paved the way of decriminalization
in the case Joseph Shine v. UOI.
In the case of Yusuf Abdul Aziz v. State of Bombay[7], 1954, the petitioner questioned whether
section 497 of IPC ultra vires Article 14 & 15 of Constitution. It was held that Section 497 of
IPC does not violate any article of the Constitution. But petitioner put forth some points which
were taken in Joseph Shine’s case as the offence of adultery can only be committed by man but
in absence of any provision to the contrary the woman would be punished as abettor but he last
sentence of Section 497 of IPC prohibits it as,
“…. in such case the wife shall not be punishable as abettor”.
The judge dismissed the case by stating the significance of Article 15(3) of Constitution.
In case Smt. Sowmithri Vishnu v. UOI, 1985[8], several points were criticized, like, Section
497 confers husband the right to prosecute the adulterer but does not confer any right to wife
to prosecute the woman with whom her husband has committed adultery. A man whether
married or unmarried if has a sexual relationship with a married woman is termed as adultery
but this very Section 497 of IPC does not take account of cases where the husband has a sexual
relationship with unmarried woman, thus paving a way to give free license under the law to
have an extra-marital relationship with unmarried women. Thus, assuming women like chattel
or the property of men.
Adultery as a ground of divorce

Supreme Court suggested that adultery could be a ground of divorce and carry civil penalties,
but not a criminal offence.
According to the Hindu Marriage Act, 1955 Section 13(1), any voluntary sexual intercourse
with a person who is not the spouse, is a ground for divorce. Section 10 of the Hindu marriage
Act, 1955 defines adultery as a ground for judicial separation.
Section 22 of the Indian Divorce Act made the provisions of judicial separation on the ground
of adultery.
The Special Marriage Act, 1954, stated that if a person had voluntary sexual intercourse outside
the wedlock, is a valid ground for divorce.
Conclusion and suggestions

According to me, decriminalization of adultery is a constructive step towards a
progressive society by striking down the law which deprived the dignity of women. It is a
deviant behaviour as it is unethical and immoral as it violates the sanctity of the institution of
marriage which is believed to be a sacred institution of society.
However, this is just in the halfway. Our country still has to cover a long way in order
to eradicate discrimination and to ensure gender equality. I am of the opinion that society
should also rise from the patriarchal mindset.
In order to ensure the sanctity of marriage which according to me is a necessity in every

aspect whether being religious, legal or spiritual, everyone should be more careful and sensitive
towards the institution of marriage and family system as it is the fundamental unit of society.
6. Offences relating to children
Introduction
Since time immemorial, due to their inherent natural weakness, children have been the
victims of criminal offences alongside women. The crimes which are committed against
children are not restricted to any specific gender or age. This is usually because of their
incapability to appreciate the nature of the offences committed against them and their
consequences, thereby making them a soft target of the offender. In other words, due to the
inherent innocence and maturity which are usually directly related to a children’s age make
them an offender’s favourite victim.
Now we will proceed further and learn about various juvenile offences, their impact
upon the children’s mind, legislations already existing for combatting them, and the possible
measures for preventing and dealing with these juvenile offences.
What are Offences against children?

Before learning about various forms of offences against juveniles, we must first
acknowledge ourselves with the concept of offences against juveniles.
Such young persons, for the purposes of legal consideration, ranging from a newly born
baby to a person below the age of 18 years. The child, therefore, for the sake of legal protection
and consideration is deemed any person of any gender aged between 0 to 18 years of age.
Any offence or offences, committed against a child or children is/are regarded as

offences against children or juveniles.
offences for being considered as offences against juveniles need not be criminal
activities like kidnapping, murder, rape, or coerced beggary; but also verbal, physical, or
mental abuse inflicted upon children.
Offences against Children

Now, let us acknowledge and discuss various types of offences, committed against the children
in society:
Cruelty
So what constitutes a cruel act? is it merely torturing someone physically?
Well, cruelty is any act or omission which inflicts mental or physical harm upon an individual,
irrespective of age, gender, mental capacity, etc.
Cruelty to a child can include anything from beating him or her, or just creating mental pressure
by threatening with physical harm. (Section 351 of IPC Talks about the assault)
In recent times, however, child cruelty in educational institutions have seen a decline
due to strict legislative enactments. But, domestic abuse of children yet goes unaddressed
because children by themselves are unaware of their rights.
Apart from educational institutions and home, children can be prone to cruelty even
from their peers, i.e other children or another child older in the age in the form of bullying.
Bullying means abusing and mistreating someone vulnerable by someone stronger, or more
powerful, etc.
Employment of child for begging
Employment of children as beggars exists on a global scale, irrespective of a country’s

economic scenario, you might think that what if that child was really hungry and is not related
to any such racket? Do one thing next time when a child approaches you asking for alms then
just buy him some food instead if you really intend to help. By doing this you will, on one
hand, help the child and on the other ensure that the money does not end up in the hands of
some racket.
Sometimes, a child can be used by his own parents to beg for alms. The money in this case also
ends up with those who find a child as a convenient source of earning.
Intoxicating a Child
As already mentioned before, the alms you provide to a child who claims himself to be hungry
can end up in the hands of some racket leader. However, sometimes it may also end up for the
consumption of intoxicants like cigarettes, alcohol, drugs, etc. There are sellers who for their
greed of gains, sell these intoxicating substances to the children.
As racket leaders also tend to intoxicate the kid so that it becomes easier for them to control
them so that the children do not run away or protest.
Not only racket leaders, but children might also be exposed to substance abuse by their family
members who are or are substance abusers themselves.
Again post intoxication, a child might be kidnapped for the purpose of sale and procurement.
Kidnapping and Abduction
Although kidnapping and abduction are used synonymously for referring to the same purpose,
there exists a thin differential line between the two. The kidnapping usually refers to the
removal of a minor from the lawful custody of the parents or guardians, whereas abduction
refers to the forceful carrying away of an adult person. In the case of kidnapping, the consent
of the kidnapped minor is immaterial. However, in the case of abduction, the consent of the
adult so abducted can be a good defence for the accused during a criminal proceeding.
Here, however, we will deal with the kidnapping of children which is an emerging issue in
contemporary society.
A kidnapping may happen for a variety of reasons:
• For demanding ransoms: In this scenario, a child is being kidnapped so that the
kidnapper can extort some money from his/her parents or guardians.
• For the purpose of selling and procurement: Here, the child so kidnapped is being
sold to human traffickers who further sell the child for different purposes.
• Parental Child abduction: This mainly happens in the case of divorced or separated
parents who kidnap the child for keeping such a child with him/her.
• For the purpose of illegal adoption: Sometimes children are kidnapped and sold to
adoption agencies resulting in illegal adoption of such children.
• Murder: Sometimes children are kidnapped for extorting ransom and after the
amount is received they are murdered by the Kidnappers so that such children can
provide witnesses against the kidnappers. Again, sometimes children are kidnapped
for various reasons like a family feud, personal vengeance, etc.
Sale and procurement
The sale and procurement of children is an emerging and problematic issue in the contemporary
time frame.
Children after being kidnapped are sold through human trafficking rackets and are used for
different purposes which involve:
1. For employing them in the beggary.

2. To coerce them for indulging in child prostitution.
3. To hire them as house helpers.
4. To coerce them towards illegal marriages or illicit relationships.
Other offences
• Child Prostitution
Prostitution refers to delivering sexual services in exchange for money or monetary benefit.
Child prostitution is illegal everywhere. Although, there might be differences in the consensual
age depending upon the country. For eg: In Italy, the age of consent is 14 years. Nevertheless,
human trafficking, kidnapping, and all other child-related offences usually converge or relate
to child prostitution. Despite strict legislation around the globe, child prostitution manages to
prevail due to huge numbers of paedophiles in society.
• Child Pornography
Child pornography refers to the inducing or coercing a child for indulging in sexually explicit
acts and recording them. Such inducing acts can be done by tempting a minor through
monetary, or other means. Child pornography is banned in all the nations and pornographic
websites are strictly directed for removal or filtering out any sexually explicit content involving
a child from the websites.
• Child molestation and rape

Molestations and rapes are not solely restricted to any gender at present. A child irrespective
of its gender can be exposed to sexual molestation or rape. Such offences might be committed
to a child by a family member, family friend, school teacher or janitor or even his friends,
house help, etc.
Usually, a child fails to comprehend the severity and consequences of such acts due to a lack
of knowledge and maturity. Or maybe just stays silent due to threats from the perpetrators.
Sometimes their family advises them to maintain secrecy for the purpose of maintaining the
so-called family honour.
Whatever be the scenario, there has been an increase in sexual offences against a child and the
majority of cases do not get reported.
The provisions for the punishment of the offences mentioned above find their place in various
statutory enactments.
Punishment under the Juvenile Justice Act
Chapter IX, Section 75 to Section 87 of this Act deals with the punishment for offences
committed against the children.
Punishment for cruelty on a child
According to Section 75; Anyone holding actual charge of or control over a child:
• Assaults,
• Deserts,
• Abuses,
• exposes, or
• does wilful negligence of such child or causes or procures the child to be treated in
these manners,
thereby inflicting unnecessary mental or physical suffering to such child, shall be punishable
with imprisonment for a term extending up to 3 years or with a fine of 1 lac rupees or both.
If it is found that such abandonment or desertion of the child by the biological parents is caused
due to reasons exceeding their control, it shall be presumed that such abandonment is
unintentional and the penal provisions under section shall be inapplicable.
In case such offence is committed by any employee or manager of child care or child protection
organization, such employee shall be punished with rigorous imprisonment extending up to 5
years, and fine extending up to 5 lacs rupees:
Moreover, if the aforesaid cruelty causes the child to be incapacitated, or make him mentally
ill, or mentally unfit for performing regular tasks, or is vulnerable to life or limb, then such
person shall be punishable with rigorous imprisonment, with a minimum period of 3 years but
which may be extended up to 10 years and shall also be liable to a fine of 5 lac rupees.
Employment of a child for begging
According to Section 76; anybody who employs a child for begging purposes or makes any
child beg shall be punished with imprisonment for a term extending up to 5 years accompanied
by a fine of 1 lac rupees.
Also, if any person amputates or maims the child for the purpose of begging, he shall be
punished with rigorous imprisonment for a minimum term of 7 years which may extend up to
10 years, accompanied by a fine of 5 lacs rupees.
Anyone being in actual charge or control over a child abets the commission of any of the
offences mentioned above, shall be punished in the same way as provided under this section,
and such person shall be considered to be unfit under the section 2(14)(v) of this Act.
Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a
child
According to Section 77; anybody providing or making provision for the availability of
any intoxicating liquor, or any sort of narcotic drug, or tobacco products, or psychotropic
substance unless being prescribed by a duly qualified medical practitioner, to any child, shall
invite punishment of rigorous imprisonment for a term extending until 7 years accompanied by
a fine extending up to 1 lac rupees.
Using a child for bootlegging
According to Section 78; anyone using a child for the purposes of:
• Vending;
• Peddling;
• Carrying;
• supplying or smuggling;
of any intoxicating liquor, narcotic drug or psychotropic substance shall be liable for rigorous
imprisonment for a term extending up to 7 years accompanied by a fine up to 1 lac rupees.
Exploiting a child employee
According to Section 79;
Anyone who:
• ostensibly engages a child and keeps him in bondage for employing or retaining his
earnings; or
• uses such earnings for himself;
shall be punishable with rigorous imprisonment for a term extending until 5 years accompanied
by a fine of 1 lac rupees.
The term “employment” shall include selling of goods and services, and entertainment in public
places to obtain economic gain.
Punitive measures for adopting without following prescribed procedures
If any person or organization for the purposes of adoption:
• offers; or
• gives; or
• receives;
any orphan, deserted, or surrendered child, without complying by the provisions of this Act,
then such person or organization shall be punishable with simple or rigorous imprisonment, for
a term extending up to 3 years, or with fine of 1 lac rupees, or with both.
If such offence is committed by a recognized adoption agency, additional to the above

punishment awarded to the persons in the authority and management of the adoption agency,
the registration of such agency under Section 41 of the Juvenile Justice Act and its recognition
under Section 65 of the Juvenile Justice Act shall be withdrawn for a minimum period of 1
year.
Selling and procuring children for any purpose

Any person selling or buying a child for any purpose shall be punishable with rigorous
imprisonment for a term extending up to 5 years accompanied by a fine of 1 lac rupees.
If the offence is committed anyone who is the real custodian of the child, including:
1. Employees of a hospital; or
2. Employees of a nursing home; or
3. Employees of a maternity home;
then the imprisonment term shall be a minimum for 3 years extendable up to 7 years.
Corporal Punishment
Anybody in-charge or employee of a child care institution, subjecting a child to corporal

punishment, aiming to discipline the child, shall:
1. on the first conviction, be liable to a fine of 10,000 rupees; and

2. for every subsequent offence, shall be liable for imprisonment extending up to 3
months or fine or both.
If a person employed in a child care institute is convicted for an offence, such person shall be
terminated from service, and shall also be debarred from working directly with children in the
future.
In case, where any corporal punishment is reported in any institution and the institutional
management is uncooperative with any inquiry or lacks compliance with the orders of:
1. The Committee; or
2. The Board; or
3. The Court; or
4. The State Government,
then the person-in-charge of the management of the institution shall be punishable with
imprisonment for a minimum of 3 years and shall also be liable to pay fine extending up to 1
lac rupees.
Use of a child by militant factions or other adults
If any non-State militant group or outfit:

1. Recruits any child; or

2. Uses any child for any other purposes,
shall be liable for rigorous imprisonment for a term of maximum 7 years and shall also be liable
to a fine of 5 lac rupees.
Any adult or a group of adults who use children for illegal activities, either individually or as
a gang, shall be liable for rigorous imprisonment for a term of maximum 7 years and shall also
be liable to a fine of 5 lac rupees.
Kidnapping & abducting children
For the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code,
1860 shall mutatis mutandis(things requiring change have been changed) applicable to a child
or a minor who is below 18 years of age and all the provisions shall be construed accordingly.
Commission of offences on handicapped children
According to Section 85; anyone committing any of the offences specified in this Chapter, on
any disabled child, then such person shall invite double the penalty provided for such offence.
For the purposes of this Act, the term “disability” shall be synonymous as assigned to it under
Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
Abetment
According to Section 87; anyone abetting any offence under this Act, and if the abetted act is
committed consequentially, then the abettor shall invite the punishment provided for that
offence.
An act or offence is said to be committed consequentially, if:
1. such offence is committed in consequence of the instigation; or

2. in pursuance of the conspiracy, or
3. with the aid constituting such abetment.
Punishment under the other acts
Indian Penal Code
• Murder
Section 302 of this Act provides for punishment of murder with death, life imprisonment, and
fine. This provision includes the killing of a child or minor as well.
• Abetment of suicide of any minor or insane person
According to Section 305; whoever abets the suicide of any person below the age of 18 years,
or an insane person, or any delirious person, or an idiot, or an intoxicated person, shall be
punishable with death, or life imprisonment or imprisonment extending up to 10 years, and
shall also be liable for fine.
• Offences related to causing of miscarriage, injuries to unborn children, exposing

infants, and the concealments of births
Section 312 to Section 318 of the IPC enshrines the descriptions and punishments of offences
related to unborn children, exposing infants, and concealment of births.
The offences include:
• Causing miscarriage of a woman with malafide intention and also includes the
miscarriage caused by a woman to herself.
• Causing miscarriage to a woman excluding her consent.
• Causing miscarriage of a woman resulting in the death of such a woman.
• Acting in a way to prevent a child from being born or causing it to die immediately
after birth.
• Causing the death of a quick unborn child by an act constituting culpable homicide.
• Causing the desertion of a child aged under 12 years by its parent or guardian.
• Causing concealment of the birth of a child by the disposal of its dead body.
• Kidnapping & Abduction
Section 359 to Section 369 of the IPC deals with the description of Kidnapping, its various
forms of punishment.
Kidnapping
According to Section 359; Kidnappings are of two types: kidnapping from India and
kidnapping from lawful guardianship.
Kidnapping from India
According to Section 360; this means kidnapping of any person below the 18 years of age
beyond the limits of India without the consent of such person or consent of any person
authorized on this behalf.
Kidnapping from lawful guardianship
According to Section 361; this refers to taking or enticing a minor under the age of 16 years in
case of male and 18 years in case of female, or unsound person, out of the keeping of the
guardian of such minor or unsound person without obtaining the consent.
Punishment for Kidnapping
According to Section 363; this Act provides for punishment for up to 7 years of simple or
rigorous imprisonment which might be accompanied by fine, in case of Kidnapping by a
person.
Kidnapping or injuring any body part of a minor for the purposes of beggary
According to Section 363A; this provision introduced the presumption that if a person, except
the lawful guardian, uses or employs a minor for begging, then unless the contrary is proven,
the child is presumed to be kidnapped. The offence of kidnapping the minor for begging is
punishable with simple or rigorous imprisonment up to 10 years and fine, and if the child is
maimed during the commission of this offence, the accused shall be punishable with life
imprisonment.
Kidnapping or abducting for murder
According to Section 364; any person who kidnaps or abducts another person for murdering
that person, or for disposing of such person in a manner so as to put that person in the danger
of being murdered, shall be punished with life imprisonment, or simple or rigorous
imprisonment for a term up to 10 years, accompanied by fine.
Kidnapping for ransom
According to Section 364A; IPC provides that whoever kidnaps or abducts and causes the
detention of a person while causing reasonable apprehension of death or hurt in order to extort
ransom, shall be punished with death or life imprisonment accompanied by fine.
Kidnapping with the intention of secret and wrongful confinement
According to Section 365; whoever kidnaps another person intending to clandestinely or

wrongfully cause the confinement of such person, shall be punishable with simple or rigorous
imprisonment extending up to 7 years accompanied by fine.
• Procuring minor girl
According to Section 372; whoever, by any means, induces a minor girl below the age of 18
years to go from any place or commit any act with the intention that such girl maybe, or being
acknowledged that she will be coerced or seduced into illicit intercourse with another person,
shall be punishable with imprisonment extending up to 10 years accompanied by fine.
• Buying of minors for prostitution
According to Section 373; this provision deals with punishment of those persons who buy or
hire any person under the age of 18 years, i.e. a minor with the intention or knowledge that he
or she will be employed for the purposes of prostitution, illicit intercourse, or for any other
unlawful or immoral purpose, with imprisonment extendable up to 10 years accompanied by
fine. Also, if such an offence is committed against a female then it is presumed to include
necessary mens rea unless the contrary is proven.
• Raping a minor
According to Section 375,
A man is said to have committed the rape of a minor girl if he does any of the following acts
with a girl below the age of 18 years, with or without her consent:
1. Causes the penetration of his penis into the sexual organs of a woman or causes her
to do so with him or any other person; or
2. Puts in any object or a body part, to an extent, except the penis, into the sexual organ
of a woman or compels her to do so with him or another person; or
3. Manipulates any body part of a woman for causing penetration into her sexual organ
or makes her do so with him or another person; or
4. Makes the application of his mouth to the sexual organ of a woman or influences
her to do so with him or another person.
This provision, however, deals only with the rape of a minor girl. However, IPC is a
general enactment. Special enactment POCSO deals with the rape of both boys and girls in the
age of minority.
POCSO Act
The Protection of Children Against Sexual offences Act, 2012 (POCSO) was enacted with an
aim to provide a vigorous legal framework for protecting children from offences like sexual
assault, sexual harassment, and pornography while protecting the juvenile’s interest at every
stage of the judicial processes. The Act has been framed for prioritizing children, by making it
easy to use, including mechanisms which render child-friendly reporting, evidence recording,
investigation and speedy trial of offences through designated Special Courts.
The new enactment provides for various offences for which a perpetrator can be penalized.
It recognizes various penetrative modes other than penile-vaginal penetration and criminalizes
immodest acts that are committed against children. offences under this act include:
• Penetrative Sexual Assault: Inserting penis/object/another body part in a child’s

vagina/urethra/anus/mouth, or asking the child to do so with them or some other
person.
• Sexual Assault: When a person touches the child sexually or makes the child touch
them or someone else in a similar manner.
• Sexual Harassment: passing sexual remarks, sexual gesture or noise, repeatedly
stalking, flashing, etc.
• Child pornography.
• Aggravated penetrative sexual assault/aggravated sexual assault.
The act is gender-neutral for both children and for the alleged perpetrator. With respect to
pornography, the Act criminalizes even watching or collecting pornographic content involving
children. The Act criminalizes abetment of child sexual abuse.
Information and Technology Act
Section 67B of the Information Technology Act, 2000 enshrines the provisions related to the
description of child pornography and mentions the punishment for the offender.
According to this section:
1. Whoever publishes, or transmits, or causes such publication or transmission of any

material in electronic form, depicting engagement of children in a sexually explicit
act or conduct;
2. Whoever:
• Makes the creation of the text or digital images;

• Collects;
• Seeks;
• Browses;
• Downloads;
• Advertises;
• Promotes;
• Exchanges or distributes,
any electronic material depicting engagement of children in acts of obscenity or indecency or
sexually explicitness;
1. Whoever grooms entices, or induces children to online relationship with each other
or more children for and on the sexually explicit manner or in such manner which
might be offensive to a reasonable adult on the computer resource;
2. Whoever facilitates child abuse by use of the online medium;
3. Whoever records electronically and retains any form of sexual abuse involving
ownself or other persons, pertaining to sexually explicit acts with children;
shall on first conviction be punished with imprisonment of either description for a term
extending up to 5 years accompanied by a fine up to 10 lac Rupees. And in case of second or
subsequent conviction, the imprisonment period may extend up to 7 years accompanied by a
fine up to 10 lac Rupees.
For the purposes of this section, a child shall refer to a person who is yet to attain 18 years of
age.
However, the provisions of section 67, section 67 A, and this section shall exclude any:
• Book,
• Paper,
• Writing,
• Drawing,
• Electronic representation.
In case:
1. such publication is evidently justified for the purpose of public good on the ground
that such book, pamphlet, writing, drawing, etc is in the interest of science,
literature, art or learning or other trivial objects; or
2. the same is kept or used for bonafide heritage or religious purposes.
Possible reforms to prevent the crime

There exists 2 varying types of violence which are experienced by children (According to the
United Nations, as anyone between 0 to 18 years of age), child maltreatment by parents and
guardians towards children (0 to 14) years, and violence occurring in community settings
among adolescents (15 to 18) years. These various forms of violence are preventable by
addressing the underlying reasons and risk factors specific to each type.
Child maltreatment by parents & guardians are preventable through:
• Reduction of unintended pregnancies.

• Reduction of harmful alcoholic levels and illicit drug use during pregnancy period.
• Reducing harmful alcoholic levels and illicit drug use by new parents or guardians.
• By improving the access to high-quality pre and post-natal facilities.
• Providing home visitation services by professional nurses and social workers to
families where children are maltreated.
• Providing parental training on the development of children, disciplining through
non-violence, and developing problem-solving skills.
Violence involving children in community settings are preventable through:
• Preschool enrichment programs for providing an educational headstart to children.

• Training for developing life skills.
• Assistance to high-risk adolescents towards complete schooling.
• Reduction of alcohol availability through enacting and enforcing liquor licensing
laws, taxation and pricing.
• Imposing restrictions on access to firearms.
Bettering the efficiency of pre-hospital and emergency medical care shall bring down the
mortality risk, the recovery time, and the degree of long-term impairment resulting from
violence.
Conclusion
The roots of all offences against the children can thus be traced to their immaturity and
weakness (both physical and mental) they bear since their procreation well up to their
adulthood. The children being absolutely unaware about what is going on can thus rarely
question the perpetrators’ intentions or motives. It is unnecessary that the offences against the
children shall contain any cruel ingredient. For example, intoxicating children is a crime.
However, inducing children to intake intoxicating substances need not be done with coercion.
One may simply transmit such substances through food and drinks until a child turns addicted
to it. This is just one scenario.
Again, it might so happen that a Child is adopted illegally but kept in good care by the
adoptees. But, such adoption shall still be deemed illegal.
The law, as of now, already enshrines provisions for stringent punishments pertaining to
offences against children, but such punishments with time require a higher degree of severity
so as to prevent and deter the perpetrators from committing such offences.
7. Offences Relating to women
Introduction:-
Recently, the National Commission for Women (NCW) informed that there was a
rise of 46% in complaints of crimes against women in the first eight months of 2021 over
the corresponding period of last year.
▪ NCW was set up as a statutory body in January 1992 under the National
Commission for Women Act, 1990. Its mission is to strive towards enabling
women to achieve equality and equal participation in all spheres of life.
▪ In October 2020, the Supreme Court said that crimes against women continued
in a never-ending cycle in India.
Recently, the National Commission for Women (NCW) informed that there was a
rise of 46% in complaints of crimes against women in the first eight months of 2021 over
the corresponding period of last year.
▪ NCW was set up as a statutory body in January 1992 under the National
Commission for Women Act, 1990. Its mission is to strive towards enabling
women to achieve equality and equal participation in all spheres of life.
▪ In October 2020, the Supreme Court said that crimes against women continued
in a never-ending cycle in India.
Constitutional Safeguards:
▪ Fundamental Rights: It guarantees all Indians the right to equality (Article 14), no
discrimination by the State on the basis of gender (Article 15(1)) and special provisions
to be made by the State in favour of women (Article 15(3)).
▪ Fundamental Duties: It ensures that practices derogatory to the dignity of women are
prohibited under Article 51 (A).
Classification of Laws related to Crime against Women

The laws associated with the crime against women may be classified into following two
categories: Crimes against Women under the Special and Local Laws (SLL)
Following are some acts comprising of special provisions to protect women and their interests-
• The Immoral Traffic (Prevention) Act, 1956

• The Dowry (Prohibition) Act, 1961
• The Child Marriage Restraint Act, 1929

• The Indecent Representation of Women (Prohibition) Act, 1986
• The Commission of Sati (Prevention) Act, 1987
• Protection of Women from Domestic Violence Act, 2005
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
• Protection of Women from Domestic Violence Act, 2005: It provides victims of

domestic violence with a means for practical remedy through prosecution.
• The Dowry Prohibition Act, 1961: It prohibits the request, payment or acceptance of a
dowry.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013: This legislative act seeks to protect women from sexual
harassment at their place of work.
• The Protection of Children from Sexual Offences (POCSO), 2012: It was enacted to
protect minors from offences of sexual assault, sexual harassment and pornography, while
safeguarding the interest of the child at every stage of the judicial process.
Crimes against Women under the Indian Penal Code, 1860 (IPC)
The Indian Penal Code, 1860, lays down the provisions to penalise the culprit for the
heinous offences against women. Various sections under IPC specifically deals with such
crimes.
1. Acid Attack (Sections 326A and 326B)

2. Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)
3. Attempt to commit rape (Section 376/511)
4. Kidnapping and abduction for different purposes (Sections 363–373)
5. Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
6. Cruelty by husband or his relatives (Section 498A)
7. Outraging the modesty of women (Section 354)
8. Sexual harassment (Section 354A)
9. Assault on women with intent to disrobe a woman (Section 354B)
10. Voyeurism (Section 354C)
11. Stalking (Section 354D)
12. Importation of girls upto 21 years of age (Section 366B)
13. Word, gesture or act intended to insult the modesty of a woman (Section 509)
This article further scrutinizes and expounds some of these odious and punishable offences as
mentioned under the Indian Penal Code, 1860.
Role of Judiciary
1.Vishaka Vs State of Rajasthan
On August 13, 1997, the Supreme Court commissioned the Vishaka guidelines that defined
sexual harassment and put the onus on the employers to provide a safe working environment
for women.
2. Lata Singh Vs State of Uttar Pradesh
Lata Singh was an adult when she left her family home to be joined in matrimony
with a man from a lower caste. Her brothers, who were unhappy with the alliance, filed a
missing person report, and alleged Lata had been abducted. This resulted in the arrest of
three people from her husband's family.
In order to get the charges dropped, Lata Singh filed a petition which resulted in the
landmark judgment by the Supreme Court that allowed an adult woman the right to marry
or live with anyone of her choice.
The court further ordered that the police initiate criminal action against people who
commit violence against those who decide on inter-religious or inter-caste marriages.
3. Tamil Nadu Vs Suhas Katti
This case led to the first conviction under the Information Technology Act, 2000.
The victim was being harassed by the accused, Suhas Katti, when she refused to marry him.
He would send defamatory and obscene messages to her online in a Yahoo message
group. To add to her agony, she began to receive phone calls from unknown people soliciting
sex work.
The victim filed a complaint in February 2004, and within seven months the accused
was convicted. In an age of merciless trolls and other forms of online harassment, this
judgment acts as a tool that woman can use to safeguard their dignity.
4. Laxmi Vs Union Of India
In 2006, Laxmi, an acid attack victim, filed a petition seeking measures to regulate
the sale of acid and provide adequate compensation to the victim. Taking cognizance of the
number of cases relating to acid attacks against women on the rise, the Supreme Court
imposed stringent regulations on the sale of acid in 2013.
The ruling banned over the counter sale of acid. Dealers can sell the acid only if the
buyer provides a valid identity proof and states the need for the purchase. It is mandatory
for the dealer to submit the details of the sale within three days to the police. It also made it
illegal to sell acid to a person below 18 years.
5. Centre for enquiry into Health and Allied themes (CEHAT) Vs Union of India
With the advent of pre-natal diagnostic techniques that could determine the sex of a
fetus, the growing trend of aborting female fetuses was observed. In a bid to curtail female
feticide, the government of India issued the PNDT Act in 1996.
The provisions of the PNDT Act, however, were not being effectively implemented
by the state and central government.
The Centre for Enquiry into Health and Allied themes filed a petition which led to
the Supreme court directing the Central and State governments to enact the provisions of the
act immediately, and banned all advertisements relating to pre-natal sex determination
techniques.
6. Termination of 24-week old pregnancy permitted on account of abnormal fetus
The petitioner, a rape survivor, who wished to remain unidentified, approached the Supreme
Court seeking permission to abort her 24-week abnormal fetus.
The petition challenged the 46-year-old Maternal Termination of Pregnancy Act that does
not permit abortion of a fetus after 20 weeks.
The Supreme Court ruled in favour of the petitioner after the medical board submitted a
report stating that continuing with the pregnancy would put the mother's life at risk .
Suggestion
▪ Prevention instead of punishment: More focus should be stressed upon how to

prevent these heinous crimes. Conversations on this issue need to happen not just
after commission of such heinous crimes but even without them, so that these very
crimes can be prevented.
▪ Women in need of women: Need for shifting the blame away from the victim &
standing by her. At least mothers & other women need to stand by the victim
rather than blaming them. The victim should be given the benefit of doubt.
▪ Encouraging the police: Incentivising and rewarding the good cops for
performing their duties responsibly, ensuring justice to the victims & the ones that
do not do their duty should be shamed & punished under IPC section 166a.
▪ Lesser but fairly implemented Laws: It is better to have fewer laws that are
implemented faithfully, than to have more laws implemented very loosely.
▪ Empowering the victim: Victim or likely victim needs to be empowered, rape in
most cases is a display of power and less about sex/caste/religion.
▪ Improving the investigative infrastructure: Strengthening the police system &
it's forensic apparatus. Every district needs to have an easily accessible &
competent forensic lab.
▪ Educating children: Teaching children about gender equality and making sure
they know that women are equal to men & deserve equal respect.
▪ Role of parents: Parents need to take the responsibility of their children and
should learn and teach their children that these crimes don't have apologies.
▪ At practical level: We should focus on steps at practical level to ensure that fewer
crimes are committed, For eg:
o More patrolling
o More street lights
o Creating safer street culture by ensuring lesser streets are deserted
Conclusion
▪ Crime against women needs to be looked at as a prevention issue, while policing

reforms & criminal reforms are important in ensuring prevention & justice, it can't
be seen as a silver bullet, crime against women cannot be resolved in the court of
law alone. A holistic approach & changing the entire ecosystem is what is required
▪ All the stakeholders need to get their act together, including Law makers, police
officers, forensic dept, prosecutors, judiciary, medical & health dept, NGOs,
rehabilitation centers.

Criminal Essay For APP Note

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Criminal Essay For APP Note

Uploaded by

Copyright:

Available Formats

Legal Essay (APP Examination) 1 Alange’s Law Classes

ALANGE’S LAW CLASSES, MAHARASHTRA

To begin with, what distinguishes a genuine encounter from a fake encounter?

Is Police Encounter is legal in India: -

▪ On extrajudicial killings (also referred to as encounters) the National Human Rights

2. Decriminalization of Minor Offences

In the light of disruptions caused by outbreak of Covid-19, the Government of India

• Insurance Act 1938 (Section 12 and Section 103);

The Following are some of the suggestions: -

What is meant by narcotic drug?

What is the medical use of narcotic drugs?

Salient features of NDPS Act 1985

History of Sedition Law in India

Section 124A of IPC – Sedition

Cases Related to Sedition Law in India

1. Queen Empress v Jogendra Chunder Bose (1891)

Why can Sedition Law be important?

Arguments Against the Sedition Law

Though adultery is decriminalized, it still exists as a delinquent act as it violates social

Adultery according to religion

• According to Buddhism, sexual intercourse outside wedlock is a sin that increases

Adultery according to law

• Right to sexual autonomy as provided under Article 21(Right to life) of the

Justice D.Y.Chandrachud stated that Section 497 lacks determining principle to

“…. in such case the wife shall not be punishable as abettor”.

Adultery as a ground of divorce

Conclusion and suggestions

In order to ensure the sanctity of marriage which according to me is a necessity in every

6. Offences relating to children

What are Offences against children?

Any offence or offences, committed against a child or children is/are regarded as

Offences against Children

So what constitutes a cruel act? is it merely torturing someone physically?

Employment of child for begging

Employment of children as beggars exists on a global scale, irrespective of a country’s

Kidnapping and Abduction

A kidnapping may happen for a variety of reasons:

Sale and procurement

1. For employing them in the beggary.

• Child molestation and rape

Punishment under the Juvenile Justice Act

Punishment for cruelty on a child

Employment of a child for begging

Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a

Using a child for bootlegging

Exploiting a child employee

According to Section 79;

Punitive measures for adopting without following prescribed procedures

According to Section 80;

If any person or organization for the purposes of adoption:

If such offence is committed by a recognized adoption agency, additional to the above

Selling and procuring children for any purpose

According to Section 81;

According to Section 82;

Anybody in-charge or employee of a child care institution, subjecting a child to corporal

1. on the first conviction, be liable to a fine of 10,000 rupees; and

Use of a child by militant factions or other adults

According to Section 83;

If any non-State militant group or outfit:

1. Recruits any child; or

Kidnapping & abducting children

According to Section 84;

Commission of offences on handicapped children